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2025 DAILYLAW 80833 (PAT)

Reena Devi v. The State of Bihar

CR. MISC./78226/2024 · 2025-01-22

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78226 of 2024 Arising Out of PS. Case No.-317 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Reena Devi W/O Chandraman Yadav R/O Village- Saheya, P.S -Muffasil, District- Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 22-01-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Aurangabad (Muffasil) P.S. Case No. 317 of 2024, registered for the offences under Sections 103(1) and 3(5) of Bharatiya Nyay Sanhita. 3. As per prosecution case, husband of the informant was abused and assaulted by the petitioner and other co-accused persons who pushed the husband of the informant in a well. Husband of the informant died after drowning. 4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The independent witnesses examined during Patna High Court CR. MISC. No.78226 of 2024(3) dt.22-01-2025 2/3 investigation have stated about the deceased himself jumping into the well and though he was taken out of the well but he died due to drowning. Learned senior counsel further submits that the deceased was a heavy drinker and it appears that he had some fight with the informant and he jumped into the well after this fight. Learned senior counsel further submits that moreover the allegation of pushing the husband of the informant into well is against co-accused Chotu Kumar. Petitioner is a lady and is in custody since 29.08.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent. 5. Learned APP opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering the fact that the petitioner is a lady and also considering the clean antecedent of the petitioner coupled with her period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad/concerned court, in connection with Patna High Court CR. MISC. No.78226 of 2024(3) dt.22-01-2025 3/3 Aurangabad (Muffasil) P.S. Case No. 317 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T